Dr Gabass jailed 25 years for defilement
Sulley Ali Gabass, a senior medical practitioner accused of sodomizing a 16-year-old Senior High School student, was on Monday sentenced to 25 years imprisonment by an Accra Circuit Court.
This was after the Court presided over by Mrs Rita Agyemang Budu found Gabass, a gynecologist, guilty on the charge of defilement.
It, however, acquitted and discharged him on the charge of unnatural carnal knowledge, a charge Gabass had earlier denied.
Drama nearly rocked the court when the court announced his acquittal on the charge of unnatural carnal knowledge, Gabass fell from the dock.
Police warrant officers in the court room held Gabass and helped him to stand.
The court asked: “Sir are you alright, can we go ahead? Gabass responded “Yes My Lord.”
The convict dressed in long sleeved shirt with a pair of black jeans was provided with a chair, while reading of the judgment continued.
Relations of Gabass who hailed the acquittal earlier, however, broke down in tears as soon as the 25-year jail term was pronounced on him, and he was whisked away by security personnel.
Sentencing him, the trial judge noted that cases of rape and defilement were on the ascendency, and therefore gave a deterrent sentence.
According to the court, due to the increase in rape and defilement cases, society members needed concerted efforts to eliminate them, as the moral fibre of the country was sinking.
The court noted that the prosecution after calling five witnesses, was able to prove the case of defilement beyond reasonable doubt.
It noted that the prosecution was able to establish the age of the victim, the secrecy surrounding meetings that were held in the convict’s 4×4 vehicle at various locations.
“Why would the accused person in a matter of urgency transfer money to the victim as soon as the victim demanded from him? I do not find the act of giving money to the victim as philanthropic.
“Why would the convict abandon his trip to Takoradi when he picked up the victim at Kaneshie to Alajo the residence of the convict,” the judge asked.
I have no iota of doubt in my mind that the convict had sex with the victim, and he is found guilty on the charge of defilement, the court declared.
On the charge of unnatural carnal knowledge, the court noted that before the charge was proved, prosecution had to prove that the victim was above 16 years, noting that before the act was committed the victim was few months away from his 16th birthday.
According to the court, the charge of unnatural carnal knowledge was bad in law.
The facts of the case as narrated by the prosecution were that the accused person resided in Takoradi in the Western Region.
In September last year, the victim became Gabass’s friend on Facebook, a social media platform, the prosecution said.
The victim and the accused person chatted on line and on the cell phone, the prosecution said.
In October last year, Gabass arranged and met the victim at Kasoa New Market, where he had anal sex with him in his car in front of a Bank, the prosecution said.
On December 28, last year, at about 1900 hours, Gabass met the victim at the same spot, had anal sex with him, after which he gave the victim a Samsung Galaxy mobile phone and GH¢20.
The victim fell sick and when he informed Gabass, he prescribed paracetamol tablets for him.
In February this year, Gabass had anal sex with the victim at the same venue.
In March and April this year, he lured the victim to his house at Alajo in Accra and repeated the act.
After the fifth encounter, the victim started experiencing excruciating pains and he complained to the accused person who gave him money to receive medical treatment, but the victim did not go to the hospital.
However, in August this year, the victim’s condition worsened and he was sent to the Ahmadiyya Mission Hospital from where he was referred to the Korle Bu Teaching Hospital.
When the accused was informed about the victim’s plight, he sent GH¢800 through the victim’s elder brother to cater for his hospital expenses.
On September 21 this year, Anal Fistula and Anal Rectal Abscess surgical operations were performed on the victim.
It was during this time that the victim was diagnosed HIV positive and he mentioned Gabass as the one responsible for the ailment.
While on admission, a witness got wind of the issue and interviewed the victim, conducted background checks on the accused person, who was also interviewed.
In secret recordings, Gabass allegedly confessed having anal sex with the victim.
Following media publications on October 22, police initiated investigations into the matter and the Domestic Violence and Victims Support Unit in Sekondi arrested Gabass.
During police interrogation, Gabass admitted knowing the victim as a friend, but denied having anal sex with him.